Item 7DAGENDA ITEM N 7D
AUGUST 13, 2007
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
CALLING FOR A REFERENDUM TO AMEND SECTIONS 14, 39, 40, 41
AND 43 OF THE CITY CHARTER TO ESTABLISH A NEW SCHEDULE
FOR CITY ELECTIONS, AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE
OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SF.C'TTnN 1 Calling for a referendum election amending Charter.
A referendum shall be added to the election ballot on October 2, 2007, to amend Sections
14, 39, 40, 41 and 43 of the Charter of the City of Atlantic Beach, Florida, to read as follows:
"Sec. 14. Induction of city commission into office; meetings of the city commission.
After each general election, the newly elected city commission shall assume
the duties of office at the reDsmlarly schediiled meeting of the city commission held at
$-66- 7:15 p.m. the second M~ndav in November. All other regular
meetings of the city commission shall be fixed by ordinance, but there shall not be
less than one regular meeting each month. Except as provided by Florida's
Government-in-the-Sunshine I,aw (F.S. 286.011), all meetings of the city
commission shall be open to the public."
"Sec. 39. Nominations.
Any elector of the city having the additional qualifications and limitations as
set forth in Article II, Section 6, may be nominated for a seat in the city commission.
Such nomination shall be only by petition. A petition for this purpose shall be
signed by not less than ten (10) qualified electors of the city. The signatures on the
nominating petition need not all be subscribed on one pap:::: Eaeh separate paper
shall have affixed a signed statement of the circulator thereof stating the number of
signers of such paper and that each signature appended thereto was made in the
presence of the circulator and is the genuine signature of the person whose name it
purports to be. Each signer, including the circulator, shall provide his/her place of
residence, including the street and number. The form of the nomination petition
shall be substantially as follows:
"We, the undersigned electors of the City of Atlantic Beach hereby nominate
whose residence is for the
office of Commissioner, Seat No. , to be voted for at the election to be held on
the day of A.D., and we individually certify that our
names appear on the rolls of registered voters, and that we are qualified to vote for a
candidate for the city commission.
Name, street and number address from which last date of registered (if different)
signing.
(Spaces for signatures and required date)
AGENDA ITEivI # 7D
AUGUST 13, 2007
STATEMENT OF CIRCULATOR
I the undersigned is the circulator of the forgoing paper containing
signatures. Each signature appended thereto was made in my presence and is the
genuine signature of the person whose name it purports to be.
SIGNATURE OF CIRCULATOR
ADDRESS:
Any signature made earlier than the fifteenth of August next preceding the
election shall be void. All nominating papers comprising a petition shall be filed as
one instrument with the city clerk, no earlier than 12:00 noon on the second first
Tuesday of September, nor later than 12:00 noon on the thirds ..nn Tuesday of
September, before the election. The city clerk shall make a record of the exact time
at which each petition is filed, and shall take and preserve the name and address of
the person by whom it is filed. No nominating petition shall be accepted unless
accompanied by a signed acceptance of the nomination in substantially the
following form:
"ACCEPTANCE OF NOMINATION
I hereby accept the nomination for Seat No. on the city commission
and agree to serve if elected.
SIGNATURE OF CANDIDATE
Within two days after the filing of a nominating petition, the city clerk shall
notify the candidate and the person who filed the petition whether or not it is found
to be signed by the required number of qualified electors. If a petition is found
insufficient, the city clerk shall return it immediately to the person who filed it with
a statement certifying wherein the petition is found in:~ufficiFtYt. Within the regulaz
time for filing petitions, such a petition may be amended and f led again as a new
petition, in which case the time of the first filing shall be disregazded in determining
the validity of signatures thereon, or a different petition may be filed for the same
candidate. The petition of each person nominated to be a member of the city
commission shall be preserved by the city clerk until the expiration of the term of
office for which the candidate has been nominated.
"Sec. 40. Elections; Primary.
A primary election for the nomination of candidates for the office of city
commissioner of the city shall be held every two (2) years on the first Tuesday in
October, for each seat on the city commission which shall become vacant, at eight
v=efivck 7.15 p.m. on the fast-Tuesday second Mc,nclav in November of the same
year. The two candidates for each seat to be filled receiving the greatest number of
Ordinance No. 33-07-13 2
AGENDA ITEM # 7D
AUGUST 13, 2007
votes in said primary shall be certified as candidates or nominees at the general
election, provided, however, that should any candidate receive at such primary
election a majority of all votes cast, he shall be declared regularly elected and shall
not be required to enter the general election as hereinafter provided. However,
should only one candidate be nominated for a particular seat, an election for that seat
will not be required and the unopposed candidate shall be declared elected to the
office of city commissioner.
"Sec. 41. Elections; General.
At a regular or general election of candidates or nominees to the office of
city commissioner shall be held every two yeazs on the third first Tuesday in
6ctobor-Nnvemher, unless all vacancies have been determined by the primary
election in accordance with Section 40 of this Charter. The candidate or nominee
receiving the majority of votes for each seat at such general election shall be
declared elected. In the event of a tie between two candidates in the general election
the candidates shall draw lots in accordance with F.S. 100.181 to determine the
winner.
"Sec. 43. Elections; Canvass of returns.
The polls shall open at seven o'clock a.m. and shall close at seven o'clock
p.m. or as otherwise provided by Florida Statutes. The result of the voting, when
ascertained, shall be certified by return duplicate, signed by the clerk and a majority
of the inspectors of the election. One copy shall be delivered by the election clerk to
the mayor-commissioner and the other to the city clerk, both of whom shall transmit
such returns to the city commission at its regular meeting ' nn
the second Mnnda~ in Nnvemher. At such meeting, the city commission shall
canvass the returns and the result as shown by such returns shall be declazed by the
city commission to be the result of the election. The city clerk shall, not later than
noon on the second day after the canvass of said election, furnish a certificate of
election to each person shown to have been elected. Y - -
SF.['TinN 2_ Form of Ballot and Election Question.
follows:
'The form of ballot and election question to be used in said election shall be as
CHARTER ELECTION BALLOT
October 2, 2007
CITY OF ATLANTIC BEACH
BAi.i,nT TiTi,F.; Amending Sections 14, 39, 40, 41 and 43 of the Charter to
establish a new schedule for city elections.
RAi.T.nT ~iTMMARV: Amending five (5) sections of the Charter as follows:
(1) Sec. 14: Changing meeting date for installation of newly elected city
Ordinance No. 33-07-13 3
AGENDA ITEM # 7D
AUGUST 13, 2007
commissioners from the first Tuesday of November to the second Monday
in November.
(2) Sec. 39: Changing qualifying dates for city elections from beginning
second Tuesday in September and ending third Tuesday in September to
beginning first Tuesday in September and ending second Tuesday in
September.
(3) Sec. 40: Changing date city commission seats become vacant from
first Tuesday in November to second Monday in November.
(4) Sec. 41: Changing date of general election from third Tuesday in
October to first Tuesday in November.
(5) Sec. 43: Changing date city commission canvasses election returns
from immediately after election on election night to the regularly scheduled
meeting of city commission on second Monday in November.
Shall the above Charter amendment be adopted?
Yes (approve amendments)
No (reject amendments)
RFf.TinN 3_ Effective date of Charter amendments.
If approved by a majority of the voters at the election on October 2, 2007, then the Charter
amendments shall take effect immediately.
SF.[''TinN 4_ Effective date of this Ordinance.
This Ordinance shall take effect immediately upon its final passage and adoption.
PASSED by the City Commission on first reading this 13~' day of August, 2007.
PASSED by the City Commission on second and final reading this day of
2007.
ATTEST:
DONNA BUSSEY
City Clerk
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
DONALD M. WOLFSON
Mayor, Presiding Officer
Ordinance No. 33-07-13 4
